The Criminal Court Process

What kind of charges are you facing?

Simple offences, and many indictable offences that can be dealt with summarily, stay in the Magistrates Court and are decided by a magistrate without a jury. Most criminal cases finish here.

Serious indictable charges start in the Magistrates Court, then move by committal to the District Court or, for the most serious charges, the Supreme Court. A trial there is before a judge and jury.

Many people face both kinds of charge. The summary charges usually wait for the indictable ones, and on a plea of guilty the higher court can often deal with them at the same time.

Key court event Step or decision Jump to another step Tap any card for a plain-English explanation. Not sure which kind of charge you have? Your QP9 or charge sheet usually says, or ask us.

1. Charge and bail

   1. Charged by police

      Police start a prosecution by arresting you or giving you a notice to appear. The charge sheet (the QP9) sets out what police allege.

      1. Notice to appear or watchhouse bail Go to Mention
      2. Police object to bail
         Bail application

         If police keep you in custody, a magistrate decides bail, usually the same day or the next. We put forward conditions that answer the police objections. If the charge is murder, only the Supreme Court can grant bail.

         1. Bail granted?
            1. Yes Go to Mention
            2. No
               Bail refused

               The court decides you must stay in custody for now. That is not the end of the road for bail.

               1. Remanded in custody

                  You stay in custody while the case continues. The case still comes back to court for mentions.

                  1. Change in circumstances Go to Bail application
                  2. Case continues Go to Mention
                  3. Apply to a higher court
                     Supreme Court bail application

                     If a magistrate refuses bail, you can apply to the Supreme Court, which decides the application afresh.

                     1. Granted or refused Go to Mention

2. Mention in the Magistrates Court

   1. Mention

      Every criminal case starts in the Magistrates Court, even one headed for a higher court. The charges are read and you can plead, or ask for time to get advice and the evidence. Most cases have more than one mention.

      1. Pleading guilty Go to Sentence
      2. Pleading not guilty Go to Summary callover
      3. Not sure / need advice Go to Summary callover
      4. Indictable charge, brief ordered Go to Brief of evidence ordered
      5. Indictable charge, to committal callover Go to Committal callover

3. Summary callover Summary charges

   1. Summary callover

      A court date for a case not finished at the mention, whether you are defending the charges or still getting advice on your plea. Before it we usually make written submissions to police prosecutions about the charges.

      1. Submission

         A written case to police prosecutions explaining why charges should be withdrawn, reduced or changed to fit the evidence.

         1. Accepted
            1. Charges withdrawn or amended

               Police drop some or all of the charges, or change them to charges that fit the evidence.

               1. If charges remain Go to Sentence
               2. If all charges withdrawn
                  Case ends

                  With no charges left, the case is over.

         2. Rejected

            Police keep the charges as they are. You can still plead guilty, or ask for the full brief of evidence and keep defending them.

            1. Plead guilty Go to Sentence
            2. Keep defending Go to Full brief of evidence
      2. No submission

         Sometimes the right course is to see the full evidence before making any submission.

         1. Go to Full brief of evidence
      3. No submission, pleading guilty

         If you decide to plead guilty to the charges as they stand, the case can go to sentence without a submission or the full brief.

         1. Go to Sentence

4. Brief of evidence and summary trial Summary charges

   1. Full brief of evidence

      Police serve the statements, recordings and other evidence they rely on. We review it to test the case against you.

      1. Submission on the brief Go to Submission
      2. Pleading guilty?
         1. Go to Sentence
      3. Pleading not guilty?
         1. Summary trial

            A magistrate hears the evidence, including cross-examination of prosecution witnesses, and decides whether each charge is proven beyond reasonable doubt. There is no jury.

            1. Guilty
               1. Go to Sentence
            2. Not guilty
               1. Charges dismissed

                  The charges are dismissed and the case is over.

5. Brief of evidence and review Indictable charges

   1. Committal callover

      Some courts order the brief of evidence at the first mention. Others adjourn an indictable case to a committal callover and order it there.

      1. Brief of evidence ordered

         The court orders police to serve the brief of evidence. It is usually due about 5 weeks later.

         1. Brief of evidence served

            Police serve the statements, recordings and other evidence they rely on. We review it to test the case against you.

            1. Review mention

               A mention after the brief is served. From here the case moves to submissions, or straight on to committal.

               1. Submission

                  A written case to the prosecution explaining why charges should be withdrawn, reduced or dealt with differently.

                  1. Accepted
                     1. Charges withdrawn or amended

                        The prosecution drops some or all of the charges, or changes them. Some changed charges can then be finished in the Magistrates Court.

                        1. If charges remain Go to Committal
                        2. If dealt with summarily Go to Summary callover
                        3. If all charges withdrawn
                           Case ends

                           With no charges left, the case is over.

                  2. Rejected
                     1. Go to Committal
               2. No submission
                  1. Go to Committal

6. Committal Indictable charges

   1. Committal

      The step that moves the case from the Magistrates Court to the District or Supreme Court.

      1. No witnesses questioned
         Registry committal

         A committal on the papers, with no hearing, when the defence does not need to question any witness at this stage. It is also how a plea of guilty is sent up for sentence.

         1. Go to Committed for trial or sentence
      2. Witnesses questioned / submissions made
         Committal hearing

         With the court's permission, key witnesses are cross-examined before the case goes further. At the end we can make submissions that the evidence is not enough to put you on trial.

         1. Committed Go to Committed for trial or sentence
         2. Submission upheld
            Charges dismissed

            If the magistrate finds the evidence is not enough to put you on trial, you are discharged and the case ends.

7. In the District or Supreme Court Indictable charges

   1. Committed for trial or sentence

      Most serious charges go to the District Court. The most serious, such as murder, attempted murder, manslaughter and trafficking in the most dangerous drugs, go to the Supreme Court. The prosecution is taken over from police by the Director of Public Prosecutions: the State DPP for Queensland charges, or the Commonwealth DPP (CDPP) for Commonwealth charges.

      1. Indictment presented

         The DPP or CDPP files the formal charges, called the indictment, in the higher court. It must do so within 6 months of committal for trial.

         1. Submission to the DPP or CDPP

            With the full brief in hand, we can ask the DPP or CDPP to discontinue or reduce charges.

            1. Accepted
               1. Charges discontinued or amended

                  The DPP or CDPP drops some or all of the charges, or substitutes charges that fit the evidence.

                  1. If charges remain Go to Pleading guilty or not guilty?
                  2. If all charges discontinued
                     Case ends

                     With no charges left, the case is over.

            2. Rejected
               1. Go to Pleading guilty or not guilty?
         2. No submission
            1. Go to Pleading guilty or not guilty?

8. Plea and trial Indictable charges

   1. Pleading guilty or not guilty?

      The charges on the indictment are put to you in the District or Supreme Court and you plead to each one.

      1. Guilty Go to Sentence
      2. Not guilty
         Pre-trial hearings, if needed

         Before a trial a judge can decide legal questions, such as whether evidence can be used. Many cases go straight to trial without them. Others have several extra steps, such as the directions hearings for some sexual offence matters in the Brisbane and Ipswich District Courts.

         1. Jury trial

            A jury of twelve decides whether the prosecution has proven each charge beyond reasonable doubt. In some cases a judge can hear the trial alone.

            1. Guilty
               1. Go to Sentence
            2. Jury cannot agree
               Retrial

               If the jury cannot reach a verdict, it is discharged and the prosecution can try the case again before a new jury.

               1. Go to Jury trial
            3. Not guilty
               1. Acquitted

                  The jury finds you not guilty, you are discharged and the case is over.

9. Sentence and appeal

   1. Sentence

      A magistrate, or a District or Supreme Court judge, decides the penalty after hearing the facts, your history and submissions on your behalf, including whether a conviction is recorded. On a plea of guilty, a higher court can usually sentence summary charges at the same time.

      1. Within 1 month
         Appeal to the District Court

         From the Magistrates Court, you can appeal a conviction or a sentence to a District Court judge. The appeal must be filed within 1 month.

      2. Within 1 calendar month
         Appeal to the Court of Appeal

         From the District or Supreme Court, you can appeal a conviction, or apply for leave to appeal a sentence, in the Court of Appeal.